Birth Injury Litigation Attorneys in Colorado
A birth injury is an unexpected event that can change a family in an instant. When a birth injury occurs, you need answers. You need help. You need strong and compassionate legal advocacy to ensure you get the support you deserve. The Elite Litigation Group at Bachus & Schanker, LLC, works with families who have suffered a catastrophic birth injury and need help to claim compensation. What happened cannot be undone, but you can hold the wrongdoers accountable for their actions. We will be with you every step of the way throughout the legal process so you and your loved ones can start to rebuild your lives.
What Is a Birth Injury Lawsuit?
A birth injury lawsuit is a financial claim for compensation. A representative (the parents) brings the claim on behalf of the child. If a parent is injured, they may bring their own claim, too. The way for a victim to receive financial support for a birth injury is by bringing a lawsuit for compensation. The purpose of a birth injury lawsuit is to provide financial relief for the victim and their family. It’s common for an injury to change a child’s life. They may need significant medical and personal care going forward. A birth injury lawsuit can provide compensation that represents the child’s expenses and recognize the emotional and physical suffering associated with the injury. A claim can provide justice for the child and mother.
Why Choose the Elite Litigation Group for Your Birth Injury Lawsuit?
The sudden and unexpected death of a family member or suddenly being confronted with a catastrophic injury changes life in an instant and raises many important questions about what has happened and about what to do next.
Our Elite Litigation Group will take immediate action to get real answers for your family about what happened to your loved one. We mobilize experts to secure and preserve important evidence and initiate an independent investigation on your behalf. At the same time, our Elite Litigation Group will serve as a resource and anchor for your family advising you about your constitutional rights as a crime victim and about the various government, insurance, financial and community resources that may be available to your family based upon the individualized needs and specific circumstances. Our team will help your family navigate all aspects of a sudden loss or catastrophic injury and will serve as very powerful advocates for your rights every step of the way!
Consultation is free, there’s no hourly fees or upfront expenses.
- Emergency care/urgent care expenses
- Medical devices, mobility devices, home modifications
- X-rays, scans, imaging
- Physical Therapy
- Lost wages in the short and long term
- Pain & Suffering
- Loss of Enjoyment in Life
- Mental Anguish
- Physical Impairment
Defective Medical Device
Our client underwent a common hip replacement surgery but was implanted with a defective product that required multiple revision surgeries that ultimately destroyed the hip joint and caused significant permanent physical disability.
Pedestrian Struck by Car
Our client was a pedestrian that was struck by a motor vehicle and suffered a serious brain injury
Bicyclist Hit by Car
The Elite Litigation Group was hired to protect the rights of a bicyclist that suffered a spinal cord injury after being hit by a car
Commercial Truck Collision
The victim suffered multiple blunt force trauma, internal bleeding, a liver laceration, a broken pelvis and a leg after being involved in a commercial truck crash
Meet Our Legal Experts
We know that what happened to you is unimaginable. Our goal is to help you have the best possible experience in the legal system. When you need skilled, experienced, and compassionate representation, the Elite Litigation Group is here for you.
Thank you for not giving up on me.
…there was a point when I wanted to give up… Bachus & Schanker did not give up on me. They just kept pushing through and letting me know that we’re on a team and that they’re there for me, to support me and help me in any way I need.
Thank you for giving me a second chance, for helping me with a second chance and thank you for not giving up on me.
When you go through an accident, so many people you find give up on you and you don’t matter anymore to them and that wasn’t the case with Bachus & Schanker.
We’re One Click Away
We urge you to please reach out to us as soon as possible to set up a no-obligation consultation. A lot of times, legal proceedings such as these are time sensitive and we want to offer you the best resources and options to help you in your time of need.
Birth Injury FAQs
What Are Birth Injury Laws in Colorado?
Birth injury laws in Colorado are medical malpractice laws, as well as traditional negligence laws. Medical malpractice laws are based on the responsible party’s failure to provide adequate medical care. Their specialized training is taken into account.
Traditional negligence may also be the basis for a claim. Negligence is the absence of ordinary, reasonable care that results in harm. An attorney can help you determine what claims to assert. It’s common to advance both grounds in a birth injury claim.
How Much Compensation Do You Get for a Birth Injury?
The compensation that you get for a birth injury depends on the extent of the victim’s injuries. Their immediate medical care needs, as well as anticipated long-term needs, play into compensation. Also, if a child needs help with personal care, that can be a part of the case.
Emotional trauma and pain and suffering are also components of how much compensation you get for a birth injury. The strength of the legal claim, comparative negligence (if applicable), and the ability of the defendant(s) to pay, also factor into birth injury compensation.
How Do I Determine if My Healthcare Provider Caused My Baby’s Birth Injury?
To determine if a healthcare provider caused your baby’s birth injury, investigate the extent of the injury and medical records that may shed light on how it occurred. Request all medical records. Work with a qualified medical expert to evaluate the events and determine causation.
The Elite Litigation Group works exclusively with victims of catastrophic injury and knows exactly what steps to take to strengthen your case. We are experts at building evidence on our clients’ behalf to put them in the best position for a fair settlement. We have the resources to help you determine if your baby’s injury was due to a healthcare provider’s negligence.
Birth Injury Compensation Caps
Unfortunately, there are compensation caps that apply in birth injury cases. Colorado law applies a cap in all medical malpractice cases, and birth injuries fall into this category. The victim may claim total compensation of $1 million. That figure includes up to $300,000 in pain and suffering (may be adjusted for inflation). Our Elite Litigation Group can assist you with structuring your compensation to provide for your child’s needs into the future.
Financial Planning After a Birth Injury
Financial planning after a birth injury is critical to your child’s security. Long-term planning can ensure that your child’s basic needs are met along with medical care expenses, therapy and other expenses. Financial planning must take a holistic approach. The funds for a child are most often placed in a trust fund or specialized account. Spending from the account may be monitored by a third party to ensure that it is handled appropriately for the child’s needs.
In addition to these measures, estate planning on the part of the parents can provide for future needs while simultaneously protecting the child’s eligibility for government programs like SSI, Medicaid and food assistance. Financial planning does not stop when the party receives a monetary judgment. A birth injury case should address these more extensive needs and pursue fair compensation for the wrong that has occurred.
Time Limits to Bring a Birth Injury Claim
Your right to bring a birth injury claim is limited by Colorado law 13-80-102.5. Generally, the time limit is up to two years for adults and two years in wrongful death cases. The time limit may be extended up to age eight for a newborn who suffers injuries.
Birth Injury Resources
Here are just a few birth injury resources and avenues that may be available to help you after a birth injury:
Americans With Disabilities Act (ADA) – The ADA has made a significant impact on the rights of people with physical challenges. Because of the ADA, facilities and accommodations are more available to people with physical differences. Your child has the right to reasonable accommodation in places of public accommodation so that they may fully and fairly access opportunities and public facilities.
Individualized Education Plans (IEP) – Your child has the right to an education that meets their needs. That includes a personalized plan to accommodate any physical or mental learning differences.
Department of Human Services – Supplemental Security Income (SSI), Medicaid and other benefits may be available to your child. The Colorado Department of Human Services can help you identify programs for which your child may qualify.
March of Dimes – Provides research and programs to address challenges facing mothers and babies.
Epilepsy Foundation – Resource for those facing epilepsy and seizures.
Resources for Children with Cerebral Palsy – Includes United Cerebral Palsy of Colorado.
Brain Injury Association of America – Awareness and advocacy for those affected by brain injuries.
American Association on Intellectual and Developmental Disabilities – Advocates for progressive policies for those with developmental differences.
Bachus & Schanker’s Elite Litigation Group is made up of advanced litigators who aim to level the playing field for those who are injured by the actions of others. We’re not afraid to take on tough cases and go the extra mile. We treat clients with respect, dignity and compassion as we fight for the financial relief they deserve.